Couple Launches Family Rights Groups

Thomas Dutkiewicz knows how scary it can be when state child abuse investigators come knocking at the door.

Dutkiewicz and his wife, Aimee, cooperated with a state Department of Children and Families investigation three years ago and were stunned when they were cited for educational and medical neglect.

The Bristol couple -- who were home schooling their children and resented the intrusion -- got the charges overturned by a DCF supervisor who reviewed the social worker's allegations. But that was hardly the end of it.

As founders of the family rights groups -- Connecticut DCF Watch and the New England Parent Advocacy Network -- the Dutkiewiczes are launching a statewide campaign to educate people about their rights when it comes to child protective services. Their effort is part of an expanding national network of family rights organizations that allows parents to access resources through the Internet.

Dutkiewicz, who's created a detailed on-line handbook on family rights, said he wants people to avoid the mistakes he made.

People are easily intimidated by child welfare workers, said Dutkiewicz, a self-employed truck driver who also is suing the state for $75 million in damages in U.S. District Court.

Many people are not aware that they don't have to let investigators into their home unless the workers have a court order or believe a child is in imminent danger. People also don't know they have the right to have an attorney present before they consent to an interview, Dutkiewicz said.

``Child protective service workers are subject to the same prohibitions as the police,'' Dutkiewicz, 45, said. ``If it's unlawful or unconstitutional for the police, it's the same for them.''

The Dutkiewiczes are using their website, www.Connecticutdcfwatch.com, and word of mouth to spread their message.

State child-welfare officials said they have not seen a dramatic increase in resistance from parents and it is unclear, what, if any, effect the Dutkiewiczes grassroots campaign has had.

Yet Department of Children and Families Commissioner Darlene Dunbar sent a letter to her staff last month advising them to respect people's rights if they insist that all communication go through their attorney.

In the memo, Dunbar said she has asked the attorney general for legal advice on what workers should do if a resident refuses to let investigators into their home when social workers knock on the door.

Attorney General Richard Blumenthal's response is pending.

The Dutkiewiczes' campaign and website reflect similar efforts that have been springing up around the country.

Groups such as The SafeNet and FightCPS are easily accessible on the World Wide Web and each site promotes the same theme -- child abuse investigators are abusing their powers, tearing apart families and people need to protect themselves.

``People are entitled to their constitutional rights,'' said Dutkiewicz, who rattles off federal law citations the way other parents rattle off their children's names. ``People think if they don't let DCF in, they'll be hindering an investigation. But they're not, they're just asserting their rights.''

Legal experts say that federal courts have ruled that families involved in child protection investigations are entitled to basic constitutional protections regarding due process and illegal searches and seizures.

Paul Chill is associate dean of academic affairs at the University of Connecticut School of Law and the former director of the school's legal clinic that helps indigent families with child protection cases.

Chill said parents face a critical judgment call when a state social worker shows up at their door. Many want to cooperate, Chill said, but face the very real risk of losing their children if they do.

``You don't have to let them in the door and you don't have to let them interview your kid, but there may be hell to pay if you don't,'' Chill said.

DCF workers have the statutory power to remove a child from a home for up to four days if they feel there is probable cause the child is in danger, and they don't need a court order to do it, Chill said.

The investigator's interview alone can be extremely stressful for a child and a family, many of whom may be living on the margin due to financial problems, substance abuse or mental health issues, Chill said.

``Unfortunately, there is no good blanket advice one can give to parents in these situations. ... Sometimes cooperating with DCF will increase the risk of removal, and sometimes failing to cooperate will do so,'' Chill said. ``It's an exceptionally nuanced decision, one that is almost impossible to make without significant knowledge [or at least advice] about the legal process.''

DCF spokesman Gary Kleeblatt said workers are well aware of parents' rights and try not to intimidate anyone. Social workers are trained to ask politely if they can enter a home for their investigations, which, Kleeblatt pointed out, are compelled by law whenever the agency receives a complaint.